Atienza hails Ombudsman decision on Boracay issue

Environment and Natural Resources Secretary Lito Atienza welcomed the elevation in the Office of the Ombudsman of the complaint filed by the Department of Environment and Natural Resourses against a mayor and other municipal officials on Boracay Island who allowed the construction of a hotel-resort on a protected area.

In a statement, Atienza vowed to continue the prosecution of the administrative and criminal charges against Mayor Ceciron Cawaling of Malay town, and his co-accused Elizer Casidsid, municipal engineer; Alma S. Belejerdo, zoning administrator; as well as the board of directors of J. King and Sons Co. Inc. as it would serve as an example of DENR’s determination to get violators of environmental laws punished.

“Indeed, the complexity of development vis-à-vis ecological governance has created opportunities for abuse. But we shall remain steadfast in continuing to prosecute this case in the hope that a formidable argument for responsible ecological governance will stand tall over the dictates of privilege and patronage,’’ Atienza said.

Atienza noted that the move of the Ombudsman strengthens the earlier decision of the Supreme Court upholding the state sovereignty of Boracay.

The DENR chief added that the DENR is fully determined to get everybody conscious in their duties to protect the environment and the country’s natural wealth, especially the local government officials who are mandated by law to do so.

It will be recalled that the DENR under Atienza’s leadership had filed a complaint in May 2008 against Cawaling, after repeatedly reminding him of his duty and responsibility to protect particularly the overdeveloped island of Boracay which is under his jurisdiction.

The DENR found out that the Crown Regency was being constructed on a piece of wetland which falls within the classification of protected area.

The DENR said that J. King and Sons Co. “did not comply with the requirements of environmental laws prior to the construction’’, and that the respondent local officials were “negligent in suspending the construction and likewise liable in the issuance of the building permits without the required environmental compliance certificate (ECC).’’

The DENR also pointed out that under Proclamation No. 1064, development projects or any type of construction on a wetland requires the approval of the Office of the President.